STORY FROM: Drugs & Medical Devices
Arthrex Moves to Dismiss Pa. Federal iBalance Knee Lawsuit
October 25, 2018
SCRANTON, Pa. — Arthrex Inc. has moved to dismiss a Pennsylvania federal lawsuit targeting its recalled iBalance knee replacement device, arguing the claims are federally preempted and barred by comment k of Section 402A of the Restatement (Second) of Torts.
In an Oct. 4 motion filed in the U.S. District Court for the Middle District of Pennsylvania, Arthrex further argues that the punitive damages claim fails because the plaintiff failed to allege that it “acted intentionally, recklessly, or maliciously, and that such behavior was the cause of the injuries.”
Mark DeAntonio underwent a total left knee replacement on March 23, ...
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